G/TBT/N/THA/612  
28 April 2021  
(21-3608) Page: 1/4 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  THAILAND   
If applicable, name of local government involved (Article 3.2 and 7.2):  - 
2. Agency responsible:  Food and Drug Administration (Thai FDA)  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
- 
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Food 
products containing parts of cannabis and hemp  
5. Title, number of pages and language(s) of the notified document:  Draft Ministry 
of Public Health (MOPH) Notification, No. … B.E. …. (....) Issued by virtue of the Food Act 
B.E. 2522 entitled "Food Pr oducts that Contain Cannabis or Hemp Parts" (3 page(s), in 
Thai) 
6. Description of content:  According to the Royal Thai Government policy on promotion 
of cannabis and hemp as the cash crops, some parts of cannabis and hemp that comply 
with the certain cri teria laid down by the Narcotic Substance Committee shall be exempted 
from the Notification of Ministry of Public Health under the Narcotic Substances Law 
regarding classification of narcotic substances in the Schedule V. Therefore, such parts of 
cannabis and hemp may be used in food or other industries by requiring that cannabis 
and hemp used in food industry shall abide by the food law and be used based upon the 
general purpose of food.  
By the virtue of the article 5 and articles   6(1), (2), (4), (5), (6 ), (7), (8), (9) and (10) of 
the Food Act of 1979 (B.E.2522), the Minister of Public Health hereby issued the (draft) 
Notification as follows:  
Clause 1 – Food products that contain cannabis or hemp parts shall be classified as the 
Special Control Food.  
Clause 2 – In this Notification, the following terms are defined:  
"Cannabis parts" mean the following parts of a cannabis plant ( Cannabis indica  or 
Cannabis sativa  L.) which exclusively produced in Thailand by the licence holders:  
(1) bark, stems, fi bre, branches and roots  
(2) leaves without sugar leaves or inflorescent  
"Hemp parts" mean the following parts of hemp plant ( Cannabis sativa  L. subsp. sativa ) 
which exclusively produced in Thailand by the licence holders:  G/TBT/N/THA/612  
 
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  (1) bark, stems, fibre, branches a nd roots  
(2) leaves without sugar leaves or inflorescent  
"Tetrahydrocannabinol (THC)" means delta -9-Tetrahydrocannabinol   (∆9-THC) 
"Package" means an immediate container that is in direct contact with food products, 
excludes a container in which such immed iate containers are contained or wrapped, if 
any.     
Clause 3 – The following food products shall not be produced, imported or sold if contain 
cannabis and hemp parts:  
(1) foods for infant and young child  
(2) formula milk for infant and young child  
(3) fo od supplements for infant and young child  
(4) other foods prescribed by the Minister of Public Health      
Clause 4 – Food products that contain cannabis or hemp parts shall possess qualities or 
standards as follows:  
(1) Tetrahydrocannabinol shall not excee d 1.6 milligrams per package.  
(2) Cannabidiol shall not exceed 1.41 milligrams per package.  
High Performance Liquid Chromatography (HPLC) or higher sophisticated analytical 
methods shall be used for analysis of the substances prescribed in (1) and (2) abov e.  
(3) Toxins shall not exceed the maximum limits laid down in the MOPH Notification 
regarding foods that contain toxins  
(4) Chemical contaminants shall not exceed the maximum limits laid down in the MOPH 
Notification regarding foods that contain contamin ants 
(5) Pathogenic microorganisms shall be in compliance with the MOPH Notification 
regarding qualities or standards related to pathogenic microorganisms in foods  
(6) Other qualities or standards prescribed in the MOPH Notifications for some particular 
food items shall be complied as the case may be  
Clause 5 – Manufactures who produce food products that contain cannabis or hemp parts 
shall perform legal acquirement of cannabis or hemp parts and control production process 
in compliance with the MOPH notifi cation regarding Production Processes, Equipment and 
Storage of foods.  
The manufactures shall maintain records of stock or inventory of cannabis and hemp parts 
at its premises.  
Clause 6 – Use of food additives in food products that contain cannabis or hem p parts 
shall comply with the MOPH Notification regarding food additives  
Clause 7 – Use of food packaging to contain food products that contain cannabis or hemp 
parts shall comply with the MOPH Notification regarding food packaging  
Clause 8 – Labelling of food products that contain cannabis or hemp parts shall comply 
with the MOPH Notification regarding labelling of packaged foods. In addition, some food 
items shall comply with the MOPH Notifications regarding specific requirements on 
labelling  for particular food items, as the case may be  
Clause 9 -  The following messages shall be displayed on a label of a food product that 
contain cannabis or hemp parts:  
(1) Message of "WARNING" with a size of not less than 1.5 millimetres that placed inside 
a square or rectangular text -box shall be disp layed on a label. The text colour shall be 
contrast to background colour of the text box. Colour of border of the text box shall be 
contrast to the label colour.  
(2) Message of "Children, pregnant women and breastfeeding women should not 
consume" shall be displayed on a label  G/TBT/N/THA/612  
 
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  (3) Message of "Immediately stop eating if getting adverse effects" shall be displayed on 
a label  
(4) Message of "THC - or CBD -hypersensitive person should be aware of allergic reaction" 
shall be displayed on a label  
(5) Message of   "May cause drowsiness, Avoid driving or operate heavy equipment" shall 
be displayed on a label  
(6) Message of   "Contains less than 1.6 milligrams of THC per package" shall be displayed 
on a label  
(7) Message of   "Should not consume more than 2 packages per da y" shall be displayed 
on a label  
(8) Message of "Cannabis" or "Hemp" or "precise parts of cannabis or hemp used" shall 
be displayed nearby the common name of food product or incorporated into the common 
name of product  
(9) Other messages prescribed by the Minister of Public Health shall be displayed, if any  
Clause 10 - Nutrition claims for food products that contain cannabis or hemp parts shall 
comply with the MOPH Notification regarding nutrition labelling.  
Clause 11 – Health claims for food products that contain cannabis or hemp parts shall 
comply with the MOPH Notification regarding health claim.  
Clause 12 - This notification shall enter into force as from the day following the date of 
its publication in the Government Gazette onward.  
This draft Ministry of Public Health Notification was also notified under the SPS 
Notification.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer protection; Prevention of deceptive practices and consumer 
protection  
8. Relevant documents:   
-         The Notification of the Ministry of Public Health regarding Standard of Foods 
contained contaminants;  
-         The Notification of the Minis try of Public Health regarding Standards for Pathogenic 
Microorganisms in Food;  
-         The Notification of the Ministry of Public Health regarding Food additives;  
-         The Notification of the Ministry of Public Health regarding Containers;  
-         The Notification of the Ministry of Public Health regarding Production processes, 
production equipment and foods storages;  
-         The Notification of the Ministry of Public Health regarding Labeling of Prepackaged 
Foods.  
9. Propos ed date of adoption:  To be determined.  
Proposed date of entry into force:  On the day after the date of its publication in the 
Government Gazette onward.  
10. Final date for comments:  30 days from notification  G/TBT/N/THA/612  
 
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  11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
National Bureau of Agricultural Commodity and Food Standards (ACFS)  
50 Phaholyothin Road, Ladyao  
Chatuchak, Bangkok 10900  
Thailand  
Tel: + (662) 561 4204  
Fax: +(662) 561 4034  
E-mail: spsthailand@gmail.com  
Websites: http://www.acfs.go.th   
http://www.spsthailand.net/  
 
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